Oregon Bulletin
Rule
Caption: Fee changes as approved.
Adm.
Order No.: OMB 22-2011
Filed with Sec. of
State: 10-18-2011
Certified to be
Effective: 10-18-11
Notice Publication
Date: 8-1-2011
Rules Amended: 847-005-0005
Subject: The fee amendments were approved as part of the budget
proposal(s) that were presented to the Oregon Legislature.
The proposed rule
change amends fees for physicians, podiatric physicians, physician assistants,
and acupuncturists when licenses are renewed each biennium. Licensees with
Active, Inactive, Locum Tenens, Teleradiology, and Telemedicine, and
Military/Public Health statuses are included in the fee amendments.
Rules Coordinator: Malar Ratnathicam—(971) 673-2713
847-005-0005
Fees
(1) Fees to be effective upon adoption:
(a) Doctor of Medicine/Doctor of Osteopathy (MD/DO)
Initial License Application — $375
(b) MD/DO Registration: Active, Military/Public Health,
and Teleradiology, Inactive, Locum Tenens, and Telemedicine — $232/year**
(c) MD/DO Emeritus Registration — $50/year
(d) Limited License, SPEX/COMVEX, Visiting Professor,
Fellow, Medical Faculty, Postgraduate, Special — $185
(e) Acupuncture Initial License Application —
$245
(f) Acupuncture Registration: Active, Inactive, and
Locum Tenens — $148year**
(g) Acupuncture Limited License, Special, Visiting
Professor, Postgraduate — $75
(h) Physician Assistant Initial License Application
— $245
(i) Physician Assistant Registration: Active, Inactive,
and Locum Tenens — $175/year**
(j) Physician Assistant Limited License, Special,
Postgraduate — $75
(k) Podiatrist Initial Application — $340
(l) Podiatrist Registration: Active, Inactive, and
Locum Tenens — $222/year**
(m) Podiatrist Emeritus Registration — $50/year
(n) Podiatrist Limited License, Special, Postgraduate
— $185
(o) Workforce Data Fee — $5/license period
(p) Miscellaneous: All Fines and Late Fees:
(A) MD/DO Registration Renewal Late Fee — $159
(B) Acupuncture Registration Renewal Late Fee —
$80
(C) Physician Assistant Registration Renewal Late Fee
— $80
(D) Podiatrist Registration Renewal Late Fee —
$159
(q) Electronic Prescription Monitoring Program —
$25/year per license***
(r) Dispensing MD/DO/DPM Failure to Register —
$159
(s) Oral Specialty or Competency Examination ($1,000
deposit required) — Actual costs
(t) Affidavit Processing Fee for Reactivation —
$50
(u) Licensee Information Requests:
(A) Verification of Licensure-Individual Requests (1-4
Licenses) — $10 per license
(B) Verification of Licensure-Multiple (5 or more)
— $7.50 per license
(C) Verification of MD/DO License Renewal — $150
Biennially
(D) Malpractice Report - Individual Requests —
$10 per license
(E) Malpractice Report - Multiple (monthly report)
— $15 per report
(F) Disciplinary - Individual Requests — $10 per
license
(G) Disciplinary Report - Multiple (quarterly report)
— $15 per report
(v) Base Service Charge for Copying — $5 + .20/page[
(w) Record Search Fee (+ copy charges see section (v)
of this rule):
(A) Clerical — $20 per hour*
(B) Administrative — $40 per hour*
(C) Executive — $50 per hour*
(D) Medical — $75 per hour*
(x) Data Order:
(A) Standard Data License Order — $150 each
(B) Custom Data License Order — $150.00 + $40.00
per hour Administrative time
(C) Address Label Disk — $100 each
(D) Active and Locum Tenens MD/DO list — $75 each
(E) DPM, PA, or AC list — $10 each
(F) Quarterly new MD/DO, DPM, PA, or AC list —
$10 each
(2) All Board fees and fines are non-refundable, and
non-transferable.
*Plus photocopying charge above, if applicable.
**Collected biennially except
where noted in the Administrative Rules.
All active MD/DO registration fees
include $10.00 for the Oregon Health and Science University Library, and are
collected biennially.
***Per SB 355 (2009), physician,
podiatric physician and physician assistant licensees authorized to prescribe
or dispense controlled substances in Oregon assessed $25/year; funds
transferred to the Department of Human Services, minus administrative costs, to
support the Electronic Prescription Monitoring Program. Licensees with Active,
Locum Tenens, Telemonitoring, Teleradiology, and Telemedicine status are
included. Licensees with a limited license are not included.
Stat. Auth.: ORS 677.265
Stats. Implemented: ORS 677.265
Hist.: ME
7-1984, f. & ef. 1-26-84; ME 17-1984, f. & ef. 11-5-84; ME 6-1985, f. & ef. 7-30-85;
ME 3-1986(Temp), f. & ef. 4-23-86; ME 4-1986, f.
& ef. 4-23-86; ME 9-1986, f. & ef. 7-31-86; ME 2-1987, f. & ef. 1-10-87;
ME 7-1987(Temp), f. & ef. 1-26-87; ME 9-1987, f.
& ef. 4-28-87; ME 25-1987, f. & ef. 11-5-87; ME 9-1988, f. & cert. ef. 8-5-88; ME 14-1988, f. & cert. ef. 10-20-88; ME
1-1989, f. & cert. ef. 1-25-89; ME 5-1989 (Temp),
f. & cert. ef. 2-16-89; ME 6-1989, f. & cert.
ef. 4-27-89; ME 9-1989(Temp), f. & cert. ef. 8-1-89; ME 17-1989, f. & cert. ef. 10-20-89; ME 4-1990, f. & cert. ef. 4-25-90; ME
9-1990, f. & cert. ef. 8-2-90; ME 5-1991, f. &
cert. ef. 7-24-91; ME 11-1991(Temp), f. & cert.
ef. 10-21-91; ME 6-1992, f. & cert. ef. 5-26-92; ME 1-1993, f. & cert. ef. 1-29-93; ME 13-1993, f. & cert. ef. 11-1-93; ME
14-1993(Temp), f. & cert. ef. 11-1-93; ME 1-1994,
f. & cert. ef. 1-24-94; ME 6-1995, f. & cert.
ef. 7-28-95; ME 7-1996, f. & cert. ef. 10-29-96; ME 3-1997, f. & cert. ef. 11-3-97; BME 7-1998, f. & cert. ef. 7-22-98;
BME 7-1999, f. & cert. ef. 4-22-99; BME 10-1999,
f. 7-8-99, cert. ef. 8-3-99; BME 14-1999, f. &
cert. ef. 10-28-99; BME 4-2000, f. & cert. ef. 2-22-00; BME 6-2001(Temp), f. & cert. ef. 7-18-01 thru 11-30-01; BME 10-2001, f. & cert. ef. 10-30-01; BME 8-2003, f. & cert. ef. 4-24-03;
BME 16-2003, f. & cert. ef. 10-23-03; BME 17-2004,
f. & cert. ef. 9-9-04; BME 6-2005, f. & cert.
ef. 7-20-05; BME 15-2006, f. & cert. ef. 7-25-06; BME 1-2007, f. & cert. ef. 1-24-07;
BME 1-2008, f. & cert. ef. 1-22-08; BME 15-2008,
f. & cert. ef. 7-21-08; BME 1-2009, f. & cert.
ef. 1-22-09; BME 15-2009(Temp), f. & cert. ef. 9-11-09 thru 3-8-10; BME 1-2010, f. & cert. ef. 1-26-10; OMB 10-2011(Temp), f. & cert. ef. 7-13-11 thru 1-4-12; OMB 18-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12; OMB 22-2011, f. & cert. ef. 10-18-11
Rule
Caption: Fines on use of non legal practice name; housekeeping language changes.
Adm.
Order No.: OMB 23-2011
Filed with Sec. of
State: 10-18-2011
Certified to be Effective: 10-18-11
Notice Publication
Date: 8-1-2011
Rules Amended: 847-008-0065
Subject: The proposed rule clarifies licensees practice under
their legal name, imposes a fine if the rule is violated. Additional language
was added that further disciplinary action may be
taken by the Board for violations. The rule also addresses some housekeeping
language changes.
Rules Coordinator: Malar Ratnathicam—(971) 673-2713
847-008-0065
Use of Name
(1) Each licensee of the Board must be licensed under
licensee’s legal name and must practice under that legal name.
(2) When a name is changed, all of the following must
be submitted to the Board within 30 days of the name change:
(a) A signed change of name notification affidavit
provided by this Board;
(b) A copy of the legal document showing the name
change; and
(c) The returned original Oregon license and license
card, or engrossed certificate, whichever is applicable.
(3) Violation of this rule will result in $195 fine and
may be cause for further disciplinary action by the Board.
Stat. Auth.: ORS 677.265
Stats. Implemented: ORS 677.265
Hist.: ME
5-1990, f. & cert. ef. 4-25-90; BME 24-2007, f.
& cert. ef. 10-24-07; OMB 23-2011, f. & cert.
ef. 10-18-11
Rule
Caption: Notify patients and Board if
leaving active status, imposes fine for violation.
Adm.
Order No.: OMB 24-2011
Filed with Sec. of
State: 10-18-2011
Certified to be
Effective: 10-18-11
Notice Publication
Date: 8-1-2011
Rules Amended: 847-012-0000
Subject: The proposed rule amendment adds language requiring
licensees leaving active practice to notify patients and the Board of their
status and method to obtain patient records; clarifies fine amount and possible
disciplinary action by the Board. Housekeeping changes in
language and grammar.
Rules Coordinator: Malar Ratnathicam—(971) 673-2713
847-012-0000
Patient’s Access to Medical
Records
(1) Licensees of the Oregon Medical Board must make
protected health information in the medical record available to the patient or
the patient’s representative upon their request, to inspect and obtain a copy
of protected health information about the individual, except as provided by law
and this rule. The patient may request all or part of the record. A summary may
substitute for the actual record only if the patient agrees to the substitution.
Board licensees are encouraged to use the written authorization form provided
by ORS 192.522.
(2) For the purpose of this rule, “health information
in the medical record” means any oral or written information in any form or
medium that is created or received and relates to:
(a) The past, present, or future physical or mental
health of the patient.
(b) The provision of healthcare to the patient.
(c) The past, present, or future payment for the
provision of healthcare to the patient.
(3) Upon request, the entire health information record
in the possession of the Board licensee will be provided to the patient. This
includes records from other healthcare providers. Information
which may be withheld includes:
(a) Information which was obtained
from someone other than a healthcare provider under a promise of
confidentiality and access to the information would likely reveal the
source of the information;
(b) Psychotherapy notes;
(c) Information compiled in reasonable anticipation of,
or for use in, a civil, criminal, or administrative action or proceeding; and
(d) Other reasons specified by federal regulation.
(4) Licensees who have retired, failed to renew their
license, relocated their practice out of the area, had their license revoked,
or had their license suspended for one year or more must notify each patient
seen within the previous two years and the Oregon Medical Board of the change
in licensee’s status and how patients may access or obtain their medical
records. Notifications must be in writing and sent by regular mail to each
patient’s last known address within 45 days of the change in licensee’s status.
(5) Licensees who have been suspended for less than one
year must notify the Board within 10 days of the suspension how patients may
access or obtain their medical records.
(6) A reasonable cost may be imposed for the costs
incurred in complying with the patient’s request for health information. These
costs may include:
(a) No more than $30 for copying 10 or fewer pages of
written material, and no more than 50 cents per page for pages 11 through 50,
and no more than 25 cents for each additional page;
(b) A bonus charge of $5 if the request for records is
processed and the records are mailed by first class mail to the requester
within seven business days after the date of the request;
(c) Postage costs to mail copies of the requested
records;
(d) Actual costs of preparing an explanation or summary
of the health information, if such information is requested by the patient; and
(e) Actual costs of reproducing films, x-rays, or other
reports maintained in a non-written form.
(7) A patient may not be denied summaries or copies of
his/her medical records because of inability to pay.
(8) Requests for medical records must be complied with
within a reasonable amount of time not to exceed 30 days from the receipt of
the request.
(9) Violation of this rule will result in a $195 fine
and may be cause for further disciplinary action by the Board.
Stat. Auth.: ORS 677.265, 192.521
Stats. Implemented: ORS 677.265,
192.521
Hist.: ME
7-1988, f. & cert. ef. 4-20-88; BME 1-2004, f.
& cert. ef. 1-27-04; BME 18-2004, f. & cert.
ef. 10-20-04; BME 17-2008, f. & cert. ef. 7-21-08; OMB 24-2011, f. & cert. ef. 10-18-11
Rule
Caption: New Osteopathic school opening in
Oregon and clarifies the standards for re-entry to practice.
Adm.
Order No.: OMB 25-2011
Filed with Sec. of
State: 10-18-2011
Certified to be
Effective: 10-18-11
Notice Publication
Date: 8-1-2011
Rules Amended: 847-020-0183
Subject: The proposed rule adds language to include the new
Osteopathic school which is opening in Oregon and
clarifies the standards for re-entry to practice.
Rules Coordinator: Malar Ratnathicam—(971) 673-2713
847-020-0183
Re-Entry to Practice — SPEX
or COMVEX Examination, Re-Entry Plan and Personal Interview
If an applicant has ceased the practice of medicine for
a period of 12 or more consecutive months immediately preceding the application
for licensure or reactivation, the applicant may be required to demonstrate
clinical competency.
(1) The applicant who has ceased the practice of
medicine for a period of 12 or more consecutive months may be required to pass
the Special Purpose Examination (SPEX) or Comprehensive Osteopathic Medical
Variable-Purpose Examination (COMVEX). This requirement may be waived if the
applicant has done one or more of the following:
(a) The applicant has received a current appointment as
Professor or Associate Professor at the Oregon Health and Science University or
the Western University of Health Sciences College of Osteopathic Medicine of
the Pacific; or
(b) The applicant has within ten years of filing an
application with the Board:
(A) Completed one year of an accredited residency, or
an accredited or Board-approved clinical fellowship; or
(B) Been certified or recertified by a specialty board
recognized by the American Board of Medical Specialties or the American
Osteopathic Association; or
(c) The applicant has subsequently:
(A) Completed one year of an accredited residency, or
(B) Completed one year of an accredited or
Board-approved clinical fellowship, or
(C) Been certified or recertified by a specialty board
recognized by the American Board of Medical Specialties or the American
Osteopathic Association, or
(D) Obtained continuing medical education to the Board’s
satisfaction.
(2) The applicant who has ceased the practice of
medicine for a period of 24 or more consecutive months may be required to
complete a re-entry plan to the satisfaction of the Board. The Board must
review and approve a re-entry plan prior to the applicant beginning the
re-entry plan. Depending on the amount of time out-of-practice, the applicant
may be required to do one or more of the following:
(a) Pass the SPEX/COMVEX examination;
(b) Practice for a specified period of time under a
mentor/supervising physician who will provide periodic reports to the Board;
(c) Obtain certification or re-certification by a
specialty board recognized by the American Board of Medical Specialties (ABMS)
or the American Osteopathic Association’s Bureau of Osteopathic Specialists
(AOA-BOS);
(d) Complete a re-entry program as determined
appropriate by the Board;
(e) Complete one year of accredited postgraduate or
clinical fellowship training, which must be pre-approved by the Board’s Medical
Director;
(f) Complete at least 50 hours of Board-approved
continuing medical education each year for the past three years.
(3) The applicant who fails the
SPEX or COMVEX examination three times, whether in Oregon or other states, must successfully complete one year of an accredited residency or
an accredited or Board-approved clinical fellowship before retaking the SPEX or
COMVEX examination.
(4) The Limited License, SPEX/COMVEX may be granted for
a period of up to 6 months. It permits the licensee to practice medicine only
until the grade results of the SPEX or COMVEX examination are available and the
applicant completes the initial registration process. If the applicant fails
the SPEX or COMVEX examination, the Limited License SPEX/COMVEX becomes
invalid, and the applicant must cease practice in this state as expeditiously
as possible, but not to exceed two weeks after the applicant receives notice of
failure of the examination.
(5) The applicant may be required to appear before the
Board for a personal interview regarding information received during the
processing of the application. The interview must be conducted during a regular
meeting of the Board.
(6) All of the rules, regulations and statutory
requirements pertaining to the medical school graduate remain in full effect.
Stat. Auth.: ORS 677.175 &
677.265
Stats. Implemented: ORS 677.010,
677.175 & 677.265
Hist.: BME 20-2007, f. & cert.
ef. 10-24-07; BME 4-2008, f. & cert. ef. 1-22-08; BME 6-2010, f. & cert. ef. 4-26-10;
OMB 25-2011, f. & cert. ef. 10-18-11
Rule Caption: Requirements for re-entry to practice; includes housekeeping in
language and grammar.
Adm.
Order No.: OMB 26-2011
Filed with Sec. of
State: 10-18-2011
Certified to be
Effective: 10-18-11
Notice Publication
Date: 8-1-2011
Rules Amended: 847-080-0018
Subject: The proposed rule amendment clarifies requirements on
re-entry to practice for podiatric physicians, by meeting requirements stated
in the rule, such as obtaining Continuing Medical Education, (CME) preceding an
application for licensure or reactivation. The rule also addresses some
housekeeping language changes.
Rules Coordinator: Malar Ratnathicam—(971) 673-2713
847-080-0018
Endorsement, Competency
Examination, Re-Entry to Practice and Personal Interview
(1) The applicant must base an application upon
certification by the National Board of Podiatric Medical Examiners (NBPME).
(a) For applicants who graduated from a school or
college of podiatric medicine on or after January 1, 2001, certification by the
NBPME must include Part III of the examination. This requirement may be waived
if the applicant is:
(A) Licensed as a podiatric physician in another state;
or
(B) Certified by the American Board of Podiatric
Orthopedics and Primary Podiatric Medicine or the American Board of Podiatric
Surgery.
(b) All three Parts of the NBPME examination must be
passed within a seven-year period which begins when
the first Part, either Part I or Part II, is passed. The score achieved on each
Part of the examination must equal or exceed the figure established by the
National Board of Podiatric Medical Examiners as a recommended passing score.
(c) An applicant who graduated from a school or college
of podiatric medicine on or after January 1, 2001, and who has not passed all
three Parts within the seven-year period may request an exception to the
seven-year requirement if he/she:
(A) Has current certification by the American Board of
Podiatric Orthopedics and Primary Podiatric Medicine or the American Board of
Podiatric Surgery, or
(B) Suffered from a documented significant health condition which by its severity would necessarily cause a
delay to the applicant’s podiatric study.
(d) Except as noted in Section (1)(e) of this rule,
effective April 25, 2008, to be eligible for licensure, the applicant who
graduated from a school or college of podiatric medicine on or after January 1,
2001, must have passed NBPME Part III within four attempts whether for Oregon
or for any other state. After the third failed attempt, the applicant must have
completed one additional year of postgraduate training in the United States
prior to readmission to the examination. The Board must approve the additional
year of training to determine whether the applicant is eligible for licensure.
The applicant, after completion of the required year of training, must have
passed Part III on their fourth and final attempt. If the fourth attempt of
Part III is failed, the applicant is not eligible for Oregon licensure. If the
applicant did not complete a year of training approved by the Board between the
third and fourth attempt to pass Part III, the applicant is not eligible for
licensure.
(e) An applicant who has passed the NBPME Part III, but
not within the four attempts required by OAR 847-080-0018(1)(d), may request a
waiver of this requirement if he/she has current certification by the American
Board of Podiatric Orthopedics and Primary Podiatric Medicine or the American
Board of Podiatric Surgery.
(2) The applicant who has ceased practice for a period
of 12 or more consecutive months immediately preceding an application for
licensure or reactivation may be required to pass a competency examination in
podiatry. The competency examination may be waived if, within ten years of
filing the application with the Board, the applicant has:
(a) Passed the examination administered by the NBPME,
or
(b) Been certified or recertified by the American Board
of Podiatric Orthopedics and Primary Podiatric Medicine (ABPOPPM) or the
American Board of Podiatric Surgery (ABPS), or
(c) Completed a Board-approved one-year residency or
clinical fellowship, or
(d) Obtained continuing medical education to the
Board’s satisfaction.
(3) The applicant who has ceased the practice of
medicine for a period of 24 or more consecutive months may be required to
complete a re-entry plan to the satisfaction of the Board. The Board must
review and approve a re-entry plan prior to the applicant beginning the
re-entry plan. Depending on the amount of time out of practice, the applicant
may be required to do one or more of the following:
(a) Pass the NBPME examination;
(b) Practice for a specified period of time under a
mentor/supervising podiatric physician who will provide periodic reports to the
Board;
(c) Obtain certification or re-certification by the
ABPOPPM or the ABPS;
(d) Complete a re-entry program as determined
appropriate by the Board;
(e) Complete one year of an accredited postgraduate or
clinical fellowship training, which must be pre-approved by the Board’s Medical
Director;
(f) Complete at least 50 hours of Board-approved continuing
medical education each year for the past three years.
(4) The applicant may be required to appear before the
Board for a personal interview regarding information received during the
processing of the application. The interview shall be conducted during a
regular meeting of a committee of the Board or the Board.
(5) Licensure shall not be granted until all
requirements of OAR 847-080-0002 through 847-080-0020 are completed
satisfactorily.
Stat. Auth.: ORS 677.265
Stats. Implemented: ORS 677.825
& 677.830
Hist.: ME
6-1986, f. & ef. 4-23-86; ME 17-1987, f. & ef. 8-3-87; ME 23-1989(Temp), f. & cert. ef. 10-20-89; ME 3-1990, f. & cert. ef. 1-29-90; ME 13-1992, f. & cert. ef. 10-22-92; ME
8-1994, f. & cert. ef. 4-29-94; ME 11-1996, f.
& cert. ef. 10-29-96; BME 2-1999, f. & cert.
ef. 1-26-99; BME 4-1999, f. & cert. ef. 2-17-99; BME 10-2005, f. & cert. ef. 7-20-05;
BME 19-2006, f. & cert. ef. 7-25-06; BME 17-2007,
f. & cert. ef. 7-23-07; BME 18-2007(Temp), f.
& cert. ef. 7-23-07 thru 1-8-08; BME 22-2007, f.
& cert. ef. 10-24-07; BME 12-2008, f. & cert.
ef. 4-24-08; BME 27-2008, f. & cert. ef. 10-31-08; OMB 26-2011, f. & cert. ef. 10-18-11
Rule
Caption: Temporary rule suspension.
Adm.
Order No.: OMB 27-2011(Temp)
Filed with Sec. of
State: 10-26-2011
Certified to be
Effective: 10-26-11 thru 4-10-12
Notice Publication
Date:
Rules Suspended: 847-008-0040(T)
Subject: SB 224, passed by the 2011 Legislature, requires
practice agreements to be updated every 2 years. The temporary rule filed and
effective on October 13, 2011 clarified when a supervising physician must
provide the practice agreement update to the board. However, SB 224 does not
become effective until January 1, 2012, so this temporary rule is being
suspended and will be re-filed with an effective date of January 1, 2012.
Rules Coordinator: Malar Ratnathicam—(971) 673-2713
Rule
Caption: Temporary rule suspension.
Adm.
Order No.: OMB 28-2011(Temp)
Filed with Sec. of
State: 10-26-2011
Certified to be
Effective: 10-26-11 thru 4-10-12
Notice Publication
Date:
Rules Suspended: 847-050-0005(T), 847-050-0010(T), 847-050-0015(T),
847-050-0020(T), 847-050-0023(T), 847-050-0025(T), 847-050-0026(T),
847-050-0027(T), 847-050-0029(T), 847-050-0035(T), 847-050-0037(T),
847-050-0038(T), 847-050-0040(T), 847-050-0041(T), 847-050-0042(T),
847-050-0043(T), 847-050-0046(T), 847-050-0050(T), 847-050-0055(T),
847-050-0060(T), 847-050-0063(T), 847-050-0065(T)
Subject: SB 224, passed by the 2011 Legislature, changed the
practice standards and licensing procedures for physician assistants. The
temporary rule filed and effective on October 13, 2011 clarified the
requirements of physician assistants and supervising physicians based on the
statutory changes made by SB 224. However, SB 224 does not become effective
until January 1, 2012, so this temporary rule is being suspended and will be
re-filed with an effective date of January 1, 2012.
Rules Coordinator: Malar Ratnathicam—(971) 673-2713
Rule
Caption: Amendment establishes
requirements for re-entry to practice and contains language and grammar
housekeeping.
Adm.
Order No.: OMB 29-2011
Filed with Sec. of
State: 10-27-2011
Certified to be
Effective: 10-27-11
Notice Publication
Date: 8-1-2011
Rules Amended: 847-050-0043
Subject: The proposed rule amendments
establishes requirements for re-entry to practice after ceasing practice
for more than one year and contains general language and grammar housekeeping.
Rules Coordinator: Malar Ratnathicam—(971) 673-2713
847-050-0043
Inactive Registration and Re-Entry
to Practice
(1) Any physician assistant
licensed in this state who changes location to some other state or country, or
who is not in a current supervisory relationship with a licensed physician for
6 months or more, will be listed by the Board as inactive.
(2) If the physician assistant wishes to resume active
status to practice in Oregon, the physician assistant must submit the Affidavit
of Reactivation and processing fee, satisfactorily complete the reactivation
process and be approved by the Board before beginning active practice in
Oregon.
(3) The Board may deny active registration if it judges
the conduct of the physician assistant during the period of inactive
registration to be such that the physician assistant would have been denied a
license if applying for an initial license.
(4) If a physician assistant applicant has ceased
practice for a period of 12 or more consecutive months immediately preceding
the application for licensure or reactivation, the applicant may be required to
do one or more of the following:
(a) Obtain certification or re-certification by the
National Commission on the Certification of Physician Assistants (N.C.C.P.A.);
(b) Provide documentation of current N.C.C.P.A.
certification;
(c) Complete 30 hours of Category I continuing medical
education acceptable to the Board for every year the applicant has ceased
practice;
(d) Agree to increased chart reviews upon re-entry to
practice.
(5) The physician assistant applicant who has ceased
practice for a period of 24 or more consecutive months may be required to
complete a re-entry plan to the satisfaction of the Board. The Board must
review and approve a re-entry plan prior to the applicant beginning the
re-entry plan. Depending on the amount of time out of practice, the re-entry
plan may contain one or more of the requirements listed in section (4) of this
rule and such additional requirements as determined by the Board.
Stat. Auth.: ORS 677.265
Stats. Implemented: ORS 677.512
Hist.: ME
12-1986, f. & ef. 7-31-86; ME 2-1990, f. &
cert. ef. 1-29-90; ME 10-1992, f. & cert. ef. 7-17-92; ME 5-1996, f. & cert. ef. 7-26-96; BME 11-1998, f. & cert. ef. 7-22-98;
BME 2-2000, f. & cert. ef. 2-7-00; BME 25-2008, f.
& cert. ef. 10-31-08; [OMB 21-2011(Temp), f. &
cert. ef. 10-13-11 thru 4-10-12; Suspend temporary by OBDD 28-2011(Temp), f.
& cert. ef. 10-26-11 thru 4-10-12]; OMB 29-2011, f. & cert. ef. 10-27-11
Rule
Caption: Clarify correct fine for failure
to register as a dispensing physician or podiatric physician.
Adm.
Order No.: OMB 30-2011
Filed with Sec. of
State: 10-27-2011
Certified to be
Effective: 10-27-11
Notice Publication
Date: 8-1-2011
Rules Amended: 847-015-0025
Subject: The proposed rule amendments reflect
the correct fine for failure to register as a dispensing physician or podiatric
physician and contains general language and grammar housekeeping.
Rules Coordinator: Malar Ratnathicam—(971) 673-2713
847-015-0025
Dispensing Physicians and
Podiatric Physicians
(1) Any actively licensed physician or podiatric
physician who dispenses drugs must register with the Board as a dispensing
physician before beginning to dispense drugs.
(2) A physician must register with the Board as a
dispensing physician before supervising a physician assistant or any other
health care provider with emergency dispensing privileges.
(3) Dispensing of samples, without charge, is not
dispensing under this rule.
(4) Administering drugs in the physician’s or podiatric
physician’s office is not dispensing under this rule.
(5) At the time of license registration renewal, all
dispensing physicians must indicate their status as a dispensing physician on
the registration renewal form.
(6) Any physician or podiatric physician who dispenses
drugs after January 1, 1988, without first registering with the Board will be
fined $195 and may be subject to further disciplinary action by the Board.
Stat. Auth.: ORS 677.265
Stats. Implemented: ORS 677.010
& 677.089
Hist.: ME
22-1987, f. & ef. 10-29-87; ME 9-1993, f. &
cert. ef. 7-27-93; BME 1-2005, f. & cert. ef. 1-27-05; BME 24-2007, f. & cert. ef. 10-24-07; OMB 30-2011, f. & cert. ef. 10-27-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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